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DLLR's Division of Labor and Industry

 

MOSH Instruction 08-06 - Maryland Occupational Safety and Health (MOSH)

   
Subject: Chromium (VI) Inspection Guidelines and Procedures
 
Effective Date: August 22, 2008
 
Issuance Date: December 22 2008
 
Cancellation: None
 
Purpose: The purpose of this Instruction is to provide guidelines and establish uniform inspection and compliance procedures for the occupational exposure standards for Hexavalent Chromium.

This Instruction is not a standard, regulation, or any other type of substantive rule. No statement in this Instruction should be construed to require the regulated community to adopt any practices, means, methods, operations, or processes beyond those which are already required by the Occupational Safety and Health Act of 1970 (OSH Act) (29 USC 668) or standards and regulations promulgated under the OSH Act.

NOTE: OSHA standards incorporated by reference: Code of Maryland Regulations (COMAR) Maryland Occupational Safety and Health Act-Incorporated by Reference of Federal Standards, includes adoption of provisions in 29 CFR 1910, 1926, and 1928.
Scope: This instruction applies MOSH-wide
 
Reference: OSHA Instruction CPL 02-02-074, January 24, 2008, Inspection Procedures for the Chromium (VI) Standard.
 
Contact: Chief of MOSH Compliance Services
312 Marshall Avenue, Room 602
Laurel, Maryland 20707
(410) 880-4886 x312
 
By and Under the Authority of: Roger Campbell, Assistant Commissioner
 

Summary:

OSHA's new Chromium (VI) Directive addresses enforcement procedures for the new Chromium (VI) standards published in the Federal Register (FR) on February 28, 2006. On that date, OSHA issued three standards for hexavalent chromium (also written as chromium (VI) and abbreviated as Cr(VI)), adding three new sections to the Code of Federal Regulations (CFR) as Sections 29 CFR 1910.1026,29 CFR 1926.1126, and 29 CFR 1915.1026, applicable to general industry, construction, and shipyards, respectively. All three standards were effective May 30, 2006. Employers with 20 or more employees were allowed six months, until a start-up date of November 27, 2006, to come into compliance with most of the provisions of the standards. Employers with 19 or fewer employees were allowed 12 months, until a start-up date of May 30, 2007, to come into compliance with most of the provisions. All employers were allowed four years from the effective date, a deadline of May 31, 2010, to install feasible engineering controls. The general industry standard, 29 CFR 1910.1026, also includes an appended settlement agreement with the Surface Finishing Industry Council (SFIC).

This new Instruction provides policy and guidance to MOSH compliance officers for enforcement of the general industry and construction Cr(VI) standards. Implementation of these enforcement procedures shall begin on the effective date of this Instruction. Special policies are also provided for enforcement until May 31, 2010, when employers must comply with requirements for feasible engineering and work practice controls. The new Cr(VI) standards have lowered the permissible exposure limit (PEL) to 5 g/m3 and established an action level of 2.5 g/m3.

Maryland Occupational Safety and Health (MOSH) will implement the enforcement policies and procedures that resulted from the settlement agreements with OSHA and the Surface Finishing Industry Council (SFIC) and the National Association of Manufactures (NAM).

MOSH has established enforcement policies and procedures regarding portland cement on construction sites (see MOSH Instruction 07-10, Portland Cement Inspection Procedures on Construction Sites, January 18, 2008).

Actions:

1. Compliance and Consultation Supervisors shall ensure that training sessions are conducted on this Instruction.

2. The Assistant Commissioner or authorized representative shall ensure compliance with the attached guidelines for enforcement.

 

cc: J. Ronald DeJuliis, Commissioner, Division of Labor and Industry
Craig D. Lowry, Deputy Commissioner, Division of Labor and Industry
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings

 

Attachment 1

Settlement Agreements:

  1. On October 25, 2006, OSHA settled with the Surface Finishing Industry Council (SFIC), resulting in special enforcement policies and procedures for participant electroplating facilities in Federal states. States are encouraged to honor and implement the terms of the SFIC Settlement Agreement, including the standard's amendment, or to enter into separate arrangements with surface- and metal-finishing job shops (or their representatives) in their jurisdiction.
     
  2. On April 6, 2007, OSHA settled with the Building and Construction Trades Department (BCTD), AFL-CIO, Laborers' International Union of North America, and International Brotherhood of Teamsters, resulting in special enforcement procedures for construction site inspections where employees are exposed to portland cement. States are required to establish enforcement policies and procedures regarding portland cement which are at least as effective as those in the BCTD Settlement Agreement, which are explained in Appendix C of this Instruction.
     
  3. On May 21, 2007, OSHA settled with the National Association of Manufacturers (NAM) and the Specialty Steel Industry of North America (SSINA). The NAM Settlement Agreement resulted in a letter of interpretation concerning, among other issues, the feasibility of implementing engineering controls for welding on stainless steel inside confined and enclosed spaces. State interpretations are expected to be at least as effective as the Federal letter of interpretation.
 

Download this instruction, attachments and appendices in Word format (Word document, 3MB, download Word viewer for free)

Attachment 2
I. Inspection Procedures for the Chromium (VI) Standards
II. Interface with Other Standards.
III. Drafting MOSH Citations for Cr(VI) Violations.
IV. Training for MOSH Personnel
V. Medical Examinations for MOSH Personnel
VI. Protection of MOSH Personnel

List of Appendices
Appendix A. START-UP DATES AND INTERIM ENFORCEMENT POLICIES FOR CHROMIUM (VI) STANDARDS
Appendix B. CR(VI) COMPOUNDS AND TYPICAL INDUSTRIES/OPERATIONS WITH CR(VI) EXPOSURES
Appendix C. EXCLUSIONS IN THE CHROMIUM (VI) STANDARDS
Appendix D. ACRONYMS

 
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